Il diritto ambientale secondo l'ottica del diritto costituzionale positivo e la responsabilità per danni all'ambiente nel diritto comunitario: Lo stato dell'arte del diritto ambientale costituzionale e comunitario

Abstract

Undoubtedly, environmental preservation is one of the greatest care of the Human Being in the contemporary world.

With regard to Juridical Science, the text of this work demonstrates that Environmental Law has been progressively studied by several jurists all over the world, mainly with the intention of building a legal framework capable of justifying that care for the environment which is the obligation of the State and of all citizens.

Within this framework, the ecologically balanced Environment has achieved in several legal systems the status of Fundamental Law, becoming part of the Constitutional Principles in various texts from countries of all continents.

As a logical corollary, insofar as environmental preservation is enshrined as a Fundamental Right, destroyers must be held accountable for damages to the environment.

With these premises, the work presents the most recent State of the Art concerning Positive Environmental Constitutional Law, presenting the constitutional text of several countries of all continents and, nevertheless, how Law Community Law deals with the theme of Environmental Responsibility in its Directive in order to offer to the reader a legal basis capable to provide a reection about the subject which, as said, has undoubtedly an immeasurable value for human life.